|
Poland
– Ministry of Infrastructure
According to the Law of 18 July 2002, which implements Directive 2002/58/EC
on Electronic Commerce, an opt-in model has been adopted in Poland. The sending
of unsolicited commercial material by means of electronic communications is
punishable by a fine.
| Competent
authority |
Ministry
of Infrastructure, Department of Telecommunications
Office
for Competition and Consumer Protection
Inspector General for the Protection of
Personal Data
Regime:
Opt-in
|
| Contact
person
|
Ministry
of Infrastructure, Department of Telecommunications
E-mail:
info.lt@mi.gov.pl
Postal address: Chalubinskiego 4/6 street
00-928 Warsaw
Telephone number: + 48225225000
|
| Relevant
legislation in place
|
Laws:
- As of 10 March 2003, the Polish Law Concerning the Provision of
Electronic Services introduces some items from Directives 2000/31/EC
and 2002/58/EC, and it permits only the opt-in form of marketing
through electronic media (it includes e-mail and SMS). The regulation also
states strict protection of customers' e-mail addresses, which are
treated as "personal data".
- NB: none of the above regulations actually states that the e-mail
address is to be treated as personal data. However, where the e-mail
address itself identifies its owner (i.e. the owner's name forms part
of the address), the semi-official ("semi-" because of the
lack of such a statement in any regulation) position of the Inspector
General for the Protection of Personal Data is that it is to be
treated as personal data.
- Personal data protection act, 1997.
- Title VII of Telecommunication law(2004) - "telecommunications
confidentiality and personal data protection" based on the EC
Directive on Privacy and Electronic Communications, Directive
2002/58/EC.
- Act on providing services by
electronic means, 2002.The
punishment for sending spam (i.e. unsolicited commercial material) is
set out in art. 24 of the above Act.
- Act
on the protection of certain consumer rights and on the liability for
damage caused by a dangerous product, 2000.The
sending of commercial material by fax is governed by Art. 6, para. 3
of this Act.
- Competition and consumer protection act, 2000.
|
| News
and information
|
|
|
